Powell back in U.S. District Court over hotel

Court documents have been filed in U.S. District Court against the city of Powell’s zoning board of appeals for refusing to issue a decision on a proposed hotel for Golf Village North.

“The zoning administrator, David Betz, and zoning board of appeals are stonewalling my client,” said Joseph Miller, the attorney representing Golf Village and Triangle Properties.

Triangle Properties is proposing an extended residential-stay hotel at Village Golf North near the intersection of Sawmill Parkway and Seldom Seen Road in the city of Powell.

“Powell’s own zoning laws absolutely allow a motel for the traveling public to be built on the property,” Miller said. “We’re asking the city to discharge their duty under their own laws.”

According to Miller’s paperwork filed with the U.S. District Court, he states, “Mr. Betz refuses to issue any decision of whether Golf Village’s proposed residential hotel is a permitted use under its zoning.”

Miller said that after his clients had submitted all the required documents and designs required by Powell’s zoning laws, they were told, “The zoning board doesn’t offer advisory opinions,” he said. “It raises real issues of due process for my client.”

“My client shouldn’t have to spend thousands of dollars on more plans and designs,” Miller said.

This isn’t Miller’s first encounter with Powell’s zoning board and laws.

Miller represented the Center for Powell Crossing LLC in 2014 in an action against the city of Powell for preliminary and permanent injunctive relief, declaratory judgment and damages in the U.S. District Court for the Southern District of Ohio.

Powell Crossing had purchased a tract of property in Powell’s downtown business district. Developers proposed a mixed-use development that would include 14,000 square feet of retail, office space and 64 apartment units that Powell residents opposed.

A group of residents challenged the city’s approval of Powell Crossing’s development plan through a charter amendment initiative.

Opponents at the time said their aim was to stop high-density housing from being built in Powell.

In the case U.S. District Court Judge James L. Graham ruled on March 25 that a charter amendment approved in late 2014 by Powell voters was unconstitutional.

The referendum that added the charter amendment was intended to block the building of a 64-apartment development.

Miller said he is still working on the case to seek attorney fees and damages from the city of Powell.

By D. Anthony Botkin

abotkin@civitasmedia.com

D. Anthony Botkin may be reached at 740-413-0902 or on Twitter @dabotkin.